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2001

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Full-Text Articles in Law

Brief For Amici Curiae Aarp Et Al., United States Department Of Housing And Urban Development V. Rucker Et Al., Nos. 00-1770 & 00-1781 (U.S. Dec. 20, 2001), Peter B. Edelman Dec 2001

Brief For Amici Curiae Aarp Et Al., United States Department Of Housing And Urban Development V. Rucker Et Al., Nos. 00-1770 & 00-1781 (U.S. Dec. 20, 2001), Peter B. Edelman

U.S. Supreme Court Briefs

No abstract provided.


Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr Dec 2001

Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr

University of Michigan Journal of Law Reform

Comparing the law and policies of other countries concerning disability rights to ours can help us understand how we may strengthen those rights and heighten compliance with nondiscrimination laws. Since it took effect in 1992, the Americans with Disabilities Act (ADA) has been a leading example of such comprehensive legislation on behalf of people with disabilities. Along with the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities, the ADA has inspired many countries to develop their own disability nondiscrimination laws and remedial agencies. This process must work in both directions, however, and laws and agencies from ...


Preface, Journal Of Law Reform Dec 2001

Preface, Journal Of Law Reform

University of Michigan Journal of Law Reform

A preface to a University of Michigan Journal of Law Reform symposium entitled The Americans With Disabilities Act: Directions for Reform.


The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet Dec 2001

The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet

University of Michigan Journal of Law Reform

Professors Brown and Parmet examine the impact of the Supreme Court's resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. Placing Garrett within the context of the Rehnquist Court's evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers' understanding. Brown and Parmet go on to show that, by determining that federalism compels constraining congressional power ...


Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein Dec 2001

Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein

University of Michigan Journal of Law Reform

This Article examines the difficulties involved in translating the social model of disability into the idiom of constitutional law. The immediate focus is University of Alabama v. Garrett. Both parts of this Article consider how disability rights claims collide with a discourse of legitimacy in constitutional law. Part I focuses on the arguments presented in several major Briefs filed in support of Garrett. Constitutional doctrines are conceived as paring tools and it is shown how the Court used these doctrines to easily pare down the body of evidence Garrett's lawyers sought to claim as relevant in justifying the ADA ...


The Death Of Section 504, Ruth Colker Dec 2001

The Death Of Section 504, Ruth Colker

University of Michigan Journal of Law Reform

This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however ...


Dial 911 And Report A Congressional Empty Promise: The Wireless Communications And Public Safety Act Of 1999, Peter P. Ten Eyck Dec 2001

Dial 911 And Report A Congressional Empty Promise: The Wireless Communications And Public Safety Act Of 1999, Peter P. Ten Eyck

Federal Communications Law Journal

Designed to promote the prompt deployment of a seamless emergency services infrastructure to meet the nation's safety needs, the 911 Act not only instructs the FCC to assign the abbreviated dialing code 911 for use as the universal emergency telephone number, but also directs the Commission to establish appropriate transition periods for compliance in areas without 911 service. Furthermore, the 911 Act supports individual states' efforts to develop comprehensive emergency communications. Although improving the 911 system and saving lives by developing an end-to-end emergency communications network are commendable goals, this Note argues that the anemic 911 Act is an ...


The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson Dec 2001

The Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson

Federal Communications Law Journal

On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to ...


Does Internet Gambling Strengthen The U.S. Economy? Don't Bet On It, Ryan D. Hammer Dec 2001

Does Internet Gambling Strengthen The U.S. Economy? Don't Bet On It, Ryan D. Hammer

Federal Communications Law Journal

Commercial gambling in the United States is a mammoth industry. In the past few decades, the United States developed from a country with few gambling options to one permitting some form of legalized gambling in almost every state. Presently, a new wave of technology affects this industry. Legislators and regulators must deal with the phenomenon of Internet gambling. This Note asserts that Internet gambling must be curbed to lessen its negative impact on the American economy. Many state and local governments are dependent on tax revenues associated with traditional forms of gambling. Internet gambling not only deprives the economy of ...


The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence Dec 2001

The Judicial Process For Victims Of Domestic Violence, And The Health Impact Of Domestic Violence, Assembly Select Committee On Domestic Violence

California Assembly

No abstract provided.


Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


"What's Good Is Bad, What's Bad Is Good, You'll Find Out When You Reach The Top, You're On The Bottom": Are The Americans With Disabilities Act (And Olmstead V. L. C.) Anything More Than "Idiot Wind?", Michael L. Perlin Dec 2001

"What's Good Is Bad, What's Bad Is Good, You'll Find Out When You Reach The Top, You're On The Bottom": Are The Americans With Disabilities Act (And Olmstead V. L. C.) Anything More Than "Idiot Wind?", Michael L. Perlin

University of Michigan Journal of Law Reform

Mental disability law is contaminated by "sanism, " an irrational prejudice similar to such other irrational prejudices as racism and sexism. The passage of the Americans with Disabilities Act (ADA)-a statute that focused specifically on questions of stereotyping and stigma-appeared at first to offer an opportunity to deal frontally with sanist attitudes and, optimally, to restructure the way that citizens with mental disabilities were dealt with by the remainder of society. However, in its first decade, the ADA did not prove to be a panacea for such persons. The Supreme Court's 1999 decision in Olmstead v. L.C. - ruling ...


Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein Dec 2001

Disability, Equal Protection, And The Supreme Court: Standing At The Crossroads Of Progressive And Retrogressive Logic In Constitutional Classification, Anita Silvers, Michael Ashley Stein

University of Michigan Journal of Law Reform

This Article compares current disability jurisprudence with the development of sex equality jurisprudence in the area of discrimination. It demonstrates that current disability law resembles the abandoned, sexist framework for determining sex equality and argues that disability equality cases should receive similar analysis as the more progressive, current sex equality standard. As such, the Article attempts to synthesize case law (14th Amendment Equal Protection jurisprudence) and statutory law (Title VII and the ADA) into a comprehensive overview of the state of current disability law viewed within the context of discrimination law in general.


Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes Dec 2001

Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes

University of Michigan Journal of Law Reform

This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Nov 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Informational Hearing On The Response To Recent Terrorist Attacks, Assembly Committee On Revenue And Taxation Nov 2001

Informational Hearing On The Response To Recent Terrorist Attacks, Assembly Committee On Revenue And Taxation

California Assembly

No abstract provided.


Medi-Cal Funded Induced Abortions 1999, Department Of Health Services Nov 2001

Medi-Cal Funded Induced Abortions 1999, Department Of Health Services

California Agencies

This report provides summary data on the number of fee-for-service Medi-Cal funded abortions performed during 1999, the type of facility where a procedure was performed, and Medi-Cal expenditures for these procedures. Only abortion claims received and processed for date-of-service January through December 1999 are included in this report. The term fee-for-service (FFS) used throughout this report refers to these claims. The data are presented at both county and state levels. Estimates of abortions for enrollees in Health Care Plans (HCP) are included since encounter data are not yet available. A distribution by county is provided.


Public Safety 2001: Creating A Safer California, Assembly Committee On Public Safety Oct 2001

Public Safety 2001: Creating A Safer California, Assembly Committee On Public Safety

California Assembly

MEMBERS
Carl Washington, Chair
Jay La Suer, Vice Chair
Gil Cedillo
Manny Diaz
Richard Dickerson
Fred Keeley
Paul Koretz

COMMITTEE STAFF
Bruce E. Chan, Chief Counsel
Gregory Pagan, Counsel
Fredericka McGee, Counsel
Alice Michel, Counsel
Lucy Armendariz, Counsel
Sue Highland, Committee Secretary
Christine Hiersche, Committee Secretary


Small Ethnically Owned Businesses: How To Break The Trade Barrier, Assembly Subcommittee On International Trade Oct 2001

Small Ethnically Owned Businesses: How To Break The Trade Barrier, Assembly Subcommittee On International Trade

California Assembly

As California moves toward a market incorporating increased international trade, its residents, especially those with diverse ethnic origins, are capitalizing on the prospects for using their cultural links to create entrepreneurial opportunities.

This hearing offered a rich assessment of these opportunities. It provided the Legislature with examples of successful ethnic entrepreneurs, how they succeeded and the pitfalls they had to overcome. There are a number of ideas presented here for how we can facilitate increased opportunities.

Also, the materials presented in this report offer a unique resource to businesses wishing to enter into the international market by outlining the various ...


Protecting Constitutional Freedoms In The Face Of Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Oct. 3, 2001 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole Oct 2001

Protecting Constitutional Freedoms In The Face Of Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Oct. 3, 2001 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.


A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt Oct 2001

A Comparative Look At Immigration And Human Capital Assessment, Stephen W. Yale-Loehr, Christoph Hoashi-Erhardt

Cornell Law Faculty Publications

This article examines the formation of an immigration policy designed to build up the skill and human capital of a country. We discuss how the process of selecting economic-stream migrants could be designed to yield economic benefits to the host country. Part I examines the theoretical considerations involved in framing a policy that governs economic-stream immigration. In this section, we outline the goals that a host country seeks to achieve in selecting these migrants and propose important elements of a selection scheme. Part II takes a comparative look at existing points-based schemes for selecting economic migrants, focusing on Canada and ...


Dissing Congress, Ruth Colker, James J. Brudney Oct 2001

Dissing Congress, Ruth Colker, James J. Brudney

Michigan Law Review

The Supreme Court under Chief Justice Rehnquist's recent leadership has invalidated numerous federal laws, arguably departing from settled precedent to do so. The Rehnquist Court has held that Congress exceeded its constitutional authority in five instances during the 2000-01 Term, on four occasions during the 1999-2000 Term and in a total of twenty-nine cases since the 1994-95 Term. Commentators typically explain these decisions in federalism terms, focusing on the Court's use of its power to protect the States from an overreaching Congress. That explanation is incomplete and, in important respects, unpersuasive. The Rehnquist Court has not been as ...


F01rs Sgb No. 21 (Election Code), Abbott, Fisher Oct 2001

F01rs Sgb No. 21 (Election Code), Abbott, Fisher

Student Senate Enrolled Legislation

A BILL

To amend Article III, Section 7 of the Student Government Election Code as it relates to active campaigning and recognized student organizations


F01rs Sgb No. 20 (Election Code), Abbott, Fisher Oct 2001

F01rs Sgb No. 20 (Election Code), Abbott, Fisher

Student Senate Enrolled Legislation

A BILL

to amend Article IV, Section 3 of the Student Government Election Code as it relates to “unsolicited e-mails to students”


F01rs Sgb No. 18 (Election Code), Gnaidy, Fisher Oct 2001

F01rs Sgb No. 18 (Election Code), Gnaidy, Fisher

Student Senate Enrolled Legislation

A BILL

To amend Article III, Section 5 and 6 of the LSU A&M Student Government Election Code, and other references, to require candidates to attend an entire meeting of the Student Senate prior to the election itself.


F01rs Sgb No. 14 (Constitution), Abbott, Fisher Oct 2001

F01rs Sgb No. 14 (Constitution), Abbott, Fisher

Student Senate Enrolled Legislation

A BILL

to place an amendment of Article IX, Section 3 of the Student Government Constitution as it relates to effective dates of amendments to the Student Government Election Code onto the Spring 2002 election ballot for consideration


F01rs Sgb No. 13 (Election Code), Thompson Oct 2001

F01rs Sgb No. 13 (Election Code), Thompson

Student Senate Enrolled Legislation

A BILL

To amend the LSU A&M Student Government Election Code in order to shorten and streamline the current campaign and election process


F01rs Sgb No. 12 (Spectrum Alliance), Bourg, Fisher Oct 2001

F01rs Sgb No. 12 (Spectrum Alliance), Bourg, Fisher

Student Senate Enrolled Legislation

A BILL

To appropriate two thousand one hundred fourteen dollars and eighty-six cents ($2114.86) to Spectrum Alliance to help defray the cost of attending the National Gay and Lesbian Task Force (NGLTF) Creating Change Conference in Milwaukee, Wisconsin on November 7-11, 2001


F01rs Sgb No. 11 (Nsslha), Brown, Paine Oct 2001

F01rs Sgb No. 11 (Nsslha), Brown, Paine

Student Senate Enrolled Legislation

A BILL

To appropriate one thousand two hundred thirty-five dollars and ten cents ($1,235.10) to the National Student Speech Language Hearing Association of LSU (NSSLHA) to help defray the cost of attending the annual American Speech Language Hearing Association (ASHA) Convention in New Orleans on November 15-18, 2001.


F01 Rs Sgb No. 10 (Model Un), Abbott, Costello Oct 2001

F01 Rs Sgb No. 10 (Model Un), Abbott, Costello

Student Senate Enrolled Legislation

A BILL

to appropriate two thousand one hundred fourteen dollars and eighty-six cents ($2,114.86) to the Model United Nations of LSU for travel to and lodging at the Southern Regional Model United Nations Conference in Atlanta, GA.